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JANUARY 24, 2001

In what could be a significant test for Gale Norton as head of the Department of Interior, the agency on Monday proposed a rule which would allow members of the Hopi Tribe to gather baby golden eagles in the Wupatki National Monument in Arizona.

After mulling the issue for over a year, the Interior has opened a 60-day comment period on the controversial subject. Environmentalists have opposed the rule because they fear it would open up other monuments to hunting or other uses by tribes and eventually, sport hunters.

But the rule's ramifications may raise the interest of others as well. Organizations like the Mountain States Legal Foundation, a Colorado group for whom Norton once worked, have sued the department she may soon head in several cases affecting Indian religious freedom at national parks and monuments.

Religious freedom is a central issue in the case of the Hopi. Citing the great importance of eagles in Hopi culture and existing laws governing First Amendment rights, the Park Service wants to issue permits for tribal members to gather golden eagles at Wupatki.

The action would be generally prohibited by the Park Service. Existing regulations, however, do allow exceptions for educational and research purposes, recreational fishing, and collection of fruits, berries, and nuts for personal use.

The proposed regulation would apply only to members of the Hopi Tribe and under conditions "consistent" with the Bald and Golden Eagle Protection Act. Although golden eagles aren't listed as threatened or endangered, they are protected by the law, which prohibits taking, possession, transport, or sale of eagles or eagle parts.

Native Americans are exempt from the act and can receive permits from US Fish and Wildlife to posses or take eagles. In the case of the Hopi, about 40 permits are held by tribal members, who use eagles ceremonial purposes.

The 60-day comment period will end on March 23. Comments are being accepted by the National Park Service in Washington, DC.

Get the Notice of the Hopi Rule:
HTML | PDF

Get the Environmental Assessment of the Rule:
HTML | PDF

Related Stories:
Interior proposes Hopi eagle rule (Enviro 1/22)
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Norton group suing Interior over eagles (Politics 01/11)
How separate are tribes, really? (Enviro 11/20)
Interior to allow eagle taking in park (Enviro 10/30)
Hopi eagle plan under consideration (Enviro 08/01)
Govt delays eagle decision (Enviro 7/6)
Hopi decision is sensitive (Enviro 7/5)
Govt delays eagle decision (Enviro 7/6)
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